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(영문) 수원지방법원 2019.10.18 2019고단3083
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a vehicle transporting children of Lone Star.

On January 22, 2019, at around 07:55, the Defendant driven the said three-lane road near the Gyeonggi-high speed ginseng located in the Dong-gu, Chungcheongnam-gu, Sungnam-si, Seoul, along the said three-lane along the said three-lane road.

At that place, there was an intersection or crosswalk with a signal apparatus installed on the front door, so in such a case, there was a duty of care to observe the signal to the person engaged in driving the vehicle and to safely drive the vehicle by checking well the front door.

Nevertheless, the defendant neglected this, while proceeding in violation of the signal while keeping the signal while leaving the front door, caused the victim to go beyond the road by taking his son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's

As a result, the Defendant suffered from injury to the victim due to the above occupational negligence, such as acute typoppy and external spoppy, etc., and accordingly, the victim died due to brain death, etc. while receiving medical treatment at the E Hospital located in Young-gu, Suwon-si, Suwon-si around 11:00 on January 26, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Five copies of a survey report on actual condition and a photograph of the scene of accident;

1. Accident video CDs;

1. Application of Acts and subordinate statutes concerning death certificates, photographs of the deceased, 26 copies, and postmortem records;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the range of recommendations] of the Act on the Order of Community Service and Order to Attend Education: The area of mitigation of traffic accidents of Type II (the death of traffic accidents) (the period from April to one year).

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